BILL NUMBER: AB 553	CHAPTERED  09/30/00

	CHAPTER   993
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   MARCH 8, 2000
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   MAY 24, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999

INTRODUCED BY   Assembly Member Cardenas

                        FEBRUARY 19, 1999

   An act to amend Section 5080.23 of, and to add and repeal Section
5018.1 of, the Public Resources Code, relating to parks and
recreation, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 553, Cardenas.  Parks and recreation:  concession contracts.
   Existing law, with respect to concession contracts entered into on
and after October 1, 1994, authorizes the Director of Parks and
Recreation, if the director determines that it is in the best
interests of the state, upon giving notice to the State Parks and
Recreation Commission, in lieu of the process for awarding certain
concession contracts, to award contracts authorizing occupancy of any
portion of the state park system for a period of more than 2 years
to the best responsible person or entity submitting a proposal for a
concession contract, and requires that the Department of Parks and
Recreation's standards for "best responsible person or entity
submitting a proposal" require the person or entity submitting a
proposal to demonstrate a history of compliance with applicable
federal or state labor laws, including, but not limited to, laws
relating to wages, hours, and working conditions, and the right of
employees to organize and participate in collective bargaining.
   This bill would delete that requirement pertaining to the
department's standards for "best responsible person or entity
submitting a proposal." The bill would, until January 1, 2005,
authorize the Department of Finance to delegate to the department the
right to exercise the same authority granted to the Division of the
State Architect and the Real Estate Services Division in the
Department of General Services to plan, design, construct, and
administer contracts and professional services for legislatively
approved capital outlay projects, but would permit the Department of
Finance, until that date, to revoke, at any time, in whole or in
part, any such authority granted to the department with respect to
project planning, design, construction and administration of
contracts and professional services.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5080.23 of the Public Resources Code is amended
to read:
   5080.23.  (a) Notwithstanding any other provision of this article,
with respect to concession contracts entered into on and after
October 1, 1994, if the director determines that it is in the best
interests of the state, the director may, upon giving notice to the
State Parks and Recreation Commission, in lieu of the process for
awarding contracts otherwise prescribed in this article, award
contracts authorizing occupancy of any portion of the state park
system for a period of more than two years to the best responsible
person or entity submitting a proposal for a concession contract.
   (b) For any concession contract authorizing occupancy by the
concessionaire for a period of more than two years of any portion of
the state park system that is entered into pursuant to this section,
the department shall prepare a request for proposal, which shall
include the terms and conditions of the concession sufficient to
enable a person or entity to submit a proposal for the operation of
the concession on the basis of the best benefit to the state.
Proposals shall be completed only on the basis of the request for
proposal.
   (c) Any concession contract entered into pursuant to this section
that is expected to involve a total investment or gross sales in
excess of five hundred thousand dollars ($500,000) shall comply with
the requirements for entry into contract that are set forth in
Section 5080.20.
   (d) For purposes of this section, "best responsible person or
entity submitting a proposal" means the person or entity submitting a
proposal, as determined by specific standards established by the
department, that will operate the concession in the best interests of
the state and the public.
  SEC. 2.  Section 5018.1 is added to the Public Resources Code, to
read:
   5018.1.  (a) Notwithstanding any other provision of law, the
Department of Finance may delegate to the department the right to
exercise the same authority granted to the Division of the State
Architect and the Real Estate Services Division in the Department of
General Services to plan, design, construct, and administer contracts
and professional services for legislatively approved capital outlay
projects.
   (b) Any right afforded to the department pursuant to subdivision
(a) to exercise project planning, design, construction, and
administration of contracts and professional services may be revoked,
in whole or in part, by the Department of Finance at any time prior
to January 1, 2005.
  (c) This section shall remain in effect only until January 1, 2005,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2005, deletes or extends that date.

  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to preserve the state parks in the best interests of the
state and the public, it is necessary that this act take effect
immediately.
